2.8 Jus sanguini This is the Latin term for ‘right of the blood,’ which describes the granting of nationality by birth to a national (irrespective of place of birth).11 2.9 In situ stateless persons Stateless populations which arise in a non-migratory context may be referred to as in situ populations. These are populations or persons who are residing in their country of birth yet who are not recognised as nationals of that country or any other country. 2.10 Nationality acquired by automatic modes versus non-automatic modes Nationality can be obtained either automatically or through application/an act of an individual. Where a person meets the requirements for the grant of nationality and acquires such nationality by operation of law, or without having to take any positive steps towards its acquisition, he or she can be said to have acquired nationality automatically.12 Ordinarily this occurs at birth. A common example is where a person is born in a country to a national of that country and acquires nationality by operation of law.13 Non-automatic modes of acquiring nationality occur where a person meets the requirements for the grant of nationality, but is required to undertake some positive administrative action in order to realise such a claim.14 In this event, he or she will only acquire nationality upon the successful completion of the relevant application process. The requirements that this person must fulfil in order to acquire said nationality may be both factual and administrative. An example is someone who is born in South Africa, to nationals of another country, who must register his or her birth with the authorities of the other country and make a declaration of loyalty at age 18 in order to access the nationality of that country. The fact of his birth to a national is insufficient for the grant of nationality. 11 12 13 14 10 Manby (n 4 above) 32. UNHCR Definition Guidelines (n 7 above) para 19. UNHCR Definition Guidelines (n 7 above) para 19. UNHCR Definition Guidelines (n 7 above) para 19. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide

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